Legal Question in Real Estate Law in California
I have lived in my apartment for almost 18 years. The whole time I've lived here I have had a cat, or cats (2), with the permission of the original manager. They now want to charge me pet rent of $45 per month and a pet deposit of $500. I have a current $500 security deposit on hold in the office. My question is this, when I move out they will have to recarpet the unit and repaint it solely based on the amount of time I've lived here.
How can they determine if any damage to the unit was caused by normal wear-and-tear or by the cat after this additional $500 deposit is posted?
Since I have lived here for almost 18 years and have not damaged my unit in any way other than the usual wear-and-tear, I don't feel as though I should have to pay the additional security deposit because they already have a security deposit of $500 from me and when I move out (I'm not planning to soon) they will have to repaint and recarpet the unit and replace certain items, I'm sure, for the next tenant. So why should I have to give them an addition $500 dollars for "potential damage" when they are going to have to redo the unit anyway when I leave? I'm not sure what the extra $45 per pet/per month fee is for either. This amounts to an additional $540 a year.
I find it hard to believe they would be willing to evict a tenant who has lived there for 18 years with a cat because they decided to add a pet policy to their lease and charge more money. I mean, I have had one or two cats all this time and now they want to evict me for it, incurring legal expenses both on their part, and mine, over what seems like a non-issue. Afterall, cats really don't damage apartments. Dogs, especially larger ones, could but the most cats do is scratch the furniture to which they don't own anyway. I have scratching posts placed around the unit just for that purpose. The cats do not urinate or defecate on the floor and anytime they have ever vomited on the floor it was immediately cleaned up using a special feline cat formula.
I get my carpet professionally cleaned once a year and I use a Rug Doctor machine every 3-4 months to keep the place clean.
Please let me know what you think? My cats, annoying as they are at times, are like family members to me.
3 Answers from Attorneys
You've lived in the unit for 18 years and they've never recarpeted or repainted? If you accept the new terms, I would try to negotiate some things in return such as new carpeting and paint. Tell them the real estate market is in the dumper, you could easily move if you wanted to, and you would also like the rent decreased.
Also point out to the management that your unbroken occupancy has saved the owners lost rent due to vacancies. Typically, over 18 years, an apartment would be vacant at least ten months in most markets. The lost rent would pay for recarpeting several times.
You mention you are getting evicted. You need to worry about fighting the eviction. If you were not prohibited from owning pets under the lease, and never agreed to new terms barring pets, then that is not a ground for eviction. You need to get an attorney to defend the eviction as soon as possible.
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